1 | A bill to be entitled |
2 | An act relating to health care practitioners; amending s. |
3 | 456.072, F.S.; providing that failure of a health care |
4 | practitioner to comply with the terms of a monitoring or |
5 | treatment program for impaired practitioners is an |
6 | additional ground under which the practitioner is subject |
7 | to discipline by the Department of Health or the board |
8 | having jurisdiction over the practitioner; reenacting ss. |
9 | 457.109(2), 458.331(2), 459.015(2), 460.413(2), |
10 | 461.013(2), 462.14(2), 463.016(2), 464.018(2), 465.016(2), |
11 | 466.028(2), 467.203(2), 468.1295(2), 468.1755(1)(a) and |
12 | (2), 468.217(2), 468.365(2), 468.518(2), 468.719(2), |
13 | 468.811(2), 478.52(2), 480.046(2), 483.825(2), |
14 | 483.901(6)(h), 484.014(2), 484.056(1)(a) and (2)(a), |
15 | 486.125(2), 490.009(2), and 491.009(2), F.S., relating to |
16 | health care practice acts and similar regulatory |
17 | provisions, to incorporate the amendment to s. 456.072, |
18 | F.S., in references thereto; providing an effective date. |
19 |
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20 | Be It Enacted by the Legislature of the State of Florida: |
21 |
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22 | Section 1. Paragraph (gg) is added to subsection (1) of |
23 | section 456.072, Florida Statutes, to read: |
24 | 456.072 Grounds for discipline; penalties; enforcement.-- |
25 | (1) The following acts shall constitute grounds for which |
26 | the disciplinary actions specified in subsection (2) may be |
27 | taken: |
28 | (gg) Being terminated from a treatment program for |
29 | impaired practitioners, which is overseen by an impaired |
30 | practitioner consultant as described in s. 456.076, for failure |
31 | to comply, without good cause, with the terms of the monitoring |
32 | or treatment contract entered into by the licensee. |
33 | Section 2. For the purpose of incorporating the amendment |
34 | made by this act to section 456.072, Florida Statutes, in a |
35 | reference thereto, subsection (2) of section 457.109, Florida |
36 | Statutes, is reenacted to read: |
37 | 457.109 Disciplinary actions; grounds; action by the |
38 | board.-- |
39 | (2) The board may enter an order denying licensure or |
40 | imposing any of the penalties in s. 456.072(2) against any |
41 | applicant for licensure or licensee who is found guilty of |
42 | violating any provision of subsection (1) of this section or who |
43 | is found guilty of violating any provision of s. 456.072(1). |
44 | Section 3. For the purpose of incorporating the amendment |
45 | made by this act to section 456.072, Florida Statutes, in a |
46 | reference thereto, subsection (2) of section 458.331, Florida |
47 | Statutes, is reenacted to read: |
48 | 458.331 Grounds for disciplinary action; action by the |
49 | board and department.-- |
50 | (2) The board may enter an order denying licensure or |
51 | imposing any of the penalties in s. 456.072(2) against any |
52 | applicant for licensure or licensee who is found guilty of |
53 | violating any provision of subsection (1) of this section or who |
54 | is found guilty of violating any provision of s. 456.072(1). In |
55 | determining what action is appropriate, the board must first |
56 | consider what sanctions are necessary to protect the public or |
57 | to compensate the patient. Only after those sanctions have been |
58 | imposed may the disciplining authority consider and include in |
59 | the order requirements designed to rehabilitate the physician. |
60 | All costs associated with compliance with orders issued under |
61 | this subsection are the obligation of the physician. |
62 | Section 4. For the purpose of incorporating the amendment |
63 | made by this act to section 456.072, Florida Statutes, in a |
64 | reference thereto, subsection (2) of section 459.015, Florida |
65 | Statutes, is reenacted to read: |
66 | 459.015 Grounds for disciplinary action; action by the |
67 | board and department.-- |
68 | (2) The board may enter an order denying licensure or |
69 | imposing any of the penalties in s. 456.072(2) against any |
70 | applicant for licensure or licensee who is found guilty of |
71 | violating any provision of subsection (1) of this section or who |
72 | is found guilty of violating any provision of s. 456.072(1). In |
73 | determining what action is appropriate, the board must first |
74 | consider what sanctions are necessary to protect the public or |
75 | to compensate the patient. Only after those sanctions have been |
76 | imposed may the disciplining authority consider and include in |
77 | the order requirements designed to rehabilitate the physician. |
78 | All costs associated with compliance with orders issued under |
79 | this subsection are the obligation of the physician. |
80 | Section 5. For the purpose of incorporating the amendment |
81 | made by this act to section 456.072, Florida Statutes, in a |
82 | reference thereto, subsection (2) of section 460.413, Florida |
83 | Statutes, is reenacted to read: |
84 | 460.413 Grounds for disciplinary action; action by board |
85 | or department.-- |
86 | (2) The board may enter an order denying licensure or |
87 | imposing any of the penalties in s. 456.072(2) against any |
88 | applicant for licensure or licensee who is found guilty of |
89 | violating any provision of subsection (1) of this section or who |
90 | is found guilty of violating any provision of s. 456.072(1). In |
91 | determining what action is appropriate, the board must first |
92 | consider what sanctions are necessary to protect the public or |
93 | to compensate the patient. Only after those sanctions have been |
94 | imposed may the disciplining authority consider and include in |
95 | the order requirements designed to rehabilitate the chiropractic |
96 | physician. All costs associated with compliance with orders |
97 | issued under this subsection are the obligation of the |
98 | chiropractic physician. |
99 | Section 6. For the purpose of incorporating the amendment |
100 | made by this act to section 456.072, Florida Statutes, in a |
101 | reference thereto, subsection (2) of section 461.013, Florida |
102 | Statutes, is reenacted to read: |
103 | 461.013 Grounds for disciplinary action; action by the |
104 | board; investigations by department.-- |
105 | (2) The board may enter an order denying licensure or |
106 | imposing any of the penalties in s. 456.072(2) against any |
107 | applicant for licensure or licensee who is found guilty of |
108 | violating any provision of subsection (1) of this section or who |
109 | is found guilty of violating any provision of s. 456.072(1). |
110 | Section 7. For the purpose of incorporating the amendment |
111 | made by this act to section 456.072, Florida Statutes, in a |
112 | reference thereto, subsection (2) of section 462.14, Florida |
113 | Statutes, is reenacted to read: |
114 | 462.14 Grounds for disciplinary action; action by the |
115 | department.-- |
116 | (2) The department may enter an order denying licensure or |
117 | imposing any of the penalties in s. 456.072(2) against any |
118 | applicant for licensure or licensee who is found guilty of |
119 | violating any provision of subsection (1) of this section or who |
120 | is found guilty of violating any provision of s. 456.072(1). |
121 | Section 8. For the purpose of incorporating the amendment |
122 | made by this act to section 456.072, Florida Statutes, in a |
123 | reference thereto, subsection (2) of section 463.016, Florida |
124 | Statutes, is reenacted to read: |
125 | 463.016 Grounds for disciplinary action; action by the |
126 | board.-- |
127 | (2) The board may enter an order imposing any of the |
128 | penalties in s. 456.072(2) against any licensee who is found |
129 | guilty of violating any provision of subsection (1) of this |
130 | section or who is found guilty of violating any provision of s. |
131 | 456.072(1). |
132 | Section 9. For the purpose of incorporating the amendment |
133 | made by this act to section 456.072, Florida Statutes, in a |
134 | reference thereto, subsection (2) of section 464.018, Florida |
135 | Statutes, is reenacted to read: |
136 | 464.018 Disciplinary actions.-- |
137 | (2) The board may enter an order denying licensure or |
138 | imposing any of the penalties in s. 456.072(2) against any |
139 | applicant for licensure or licensee who is found guilty of |
140 | violating any provision of subsection (1) of this section or who |
141 | is found guilty of violating any provision of s. 456.072(1). |
142 | Section 10. For the purpose of incorporating the amendment |
143 | made by this act to section 456.072, Florida Statutes, in a |
144 | reference thereto, subsection (2) of section 465.016, Florida |
145 | Statutes, is reenacted to read: |
146 | 465.016 Disciplinary actions.-- |
147 | (2) The board may enter an order denying licensure or |
148 | imposing any of the penalties in s. 456.072(2) against any |
149 | applicant for licensure or licensee who is found guilty of |
150 | violating any provision of subsection (1) of this section or who |
151 | is found guilty of violating any provision of s. 456.072(1). |
152 | Section 11. For the purpose of incorporating the amendment |
153 | made by this act to section 456.072, Florida Statutes, in a |
154 | reference thereto, subsection (2) of section 466.028, Florida |
155 | Statutes, is reenacted to read: |
156 | 466.028 Grounds for disciplinary action; action by the |
157 | board.-- |
158 | (2) The board may enter an order denying licensure or |
159 | imposing any of the penalties in s. 456.072(2) against any |
160 | applicant for licensure or licensee who is found guilty of |
161 | violating any provision of subsection (1) of this section or who |
162 | is found guilty of violating any provision of s. 456.072(1). |
163 | Section 12. For the purpose of incorporating the amendment |
164 | made by this act to section 456.072, Florida Statutes, in a |
165 | reference thereto, subsection (2) of section 467.203, Florida |
166 | Statutes, is reenacted to read: |
167 | 467.203 Disciplinary actions; penalties.-- |
168 | (2) The department may enter an order denying licensure or |
169 | imposing any of the penalties in s. 456.072(2) against any |
170 | applicant for licensure or licensee who is found guilty of |
171 | violating any provision of subsection (1) of this section or who |
172 | is found guilty of violating any provision of s. 456.072(1). |
173 | Section 13. For the purpose of incorporating the amendment |
174 | made by this act to section 456.072, Florida Statutes, in a |
175 | reference thereto, subsection (2) of section 468.1295, Florida |
176 | Statutes, is reenacted to read: |
177 | 468.1295 Disciplinary proceedings.-- |
178 | (2) The board may enter an order denying licensure or |
179 | imposing any of the penalties in s. 456.072(2) against any |
180 | applicant for licensure or licensee who is found guilty of |
181 | violating any provision of subsection (1) of this section or who |
182 | is found guilty of violating any provision of s. 456.072(1). |
183 | Section 14. For the purpose of incorporating the amendment |
184 | made by this act to section 456.072, Florida Statutes, in |
185 | references thereto, paragraph (a) of subsection (1) and |
186 | subsection (2) of section 468.1755, Florida Statutes, are |
187 | reenacted to read: |
188 | 468.1755 Disciplinary proceedings.-- |
189 | (1) The following acts constitute grounds for denial of a |
190 | license or disciplinary action, as specified in s. 456.072(2): |
191 | (a) Violation of any provision of s. 456.072(1) or s. |
192 | 468.1745(1). |
193 | (2) The board may enter an order denying licensure or |
194 | imposing any of the penalties in s. 456.072(2) against any |
195 | applicant for licensure or licensee who is found guilty of |
196 | violating any provision of subsection (1) of this section or who |
197 | is found guilty of violating any provision of s. 456.072(1). |
198 | Section 15. For the purpose of incorporating the amendment |
199 | made by this act to section 456.072, Florida Statutes, in a |
200 | reference thereto, subsection (2) of section 468.217, Florida |
201 | Statutes, is reenacted to read: |
202 | 468.217 Denial of or refusal to renew license; suspension |
203 | and revocation of license and other disciplinary measures.-- |
204 | (2) The board may enter an order denying licensure or |
205 | imposing any of the penalties in s. 456.072(2) against any |
206 | applicant for licensure or licensee who is found guilty of |
207 | violating any provision of subsection (1) of this section or who |
208 | is found guilty of violating any provision of s. 456.072(1). |
209 | Section 16. For the purpose of incorporating the amendment |
210 | made by this act to section 456.072, Florida Statutes, in a |
211 | reference thereto, subsection (2) of section 468.365, Florida |
212 | Statutes, is reenacted to read: |
213 | 468.365 Disciplinary grounds and actions.-- |
214 | (2) The board may enter an order denying licensure or |
215 | imposing any of the penalties in s. 456.072(2) against any |
216 | applicant for licensure or licensee who is found guilty of |
217 | violating any provision of subsection (1) of this section or who |
218 | is found guilty of violating any provision of s. 456.072(1). |
219 | Section 17. For the purpose of incorporating the amendment |
220 | made by this act to section 456.072, Florida Statutes, in a |
221 | reference thereto, subsection (2) of section 468.518, Florida |
222 | Statutes, is reenacted to read: |
223 | 468.518 Grounds for disciplinary action.-- |
224 | (2) The board may enter an order denying licensure or |
225 | imposing any of the penalties in s. 456.072(2) against any |
226 | applicant for licensure or licensee who is found guilty of |
227 | violating any provision of subsection (1) of this section or who |
228 | is found guilty of violating any provision of s. 456.072(1). |
229 | Section 18. For the purpose of incorporating the amendment |
230 | made by this act to section 456.072, Florida Statutes, in a |
231 | reference thereto, subsection (2) of section 468.719, Florida |
232 | Statutes, is reenacted to read: |
233 | 468.719 Disciplinary actions.-- |
234 | (2) The board may enter an order denying licensure or |
235 | imposing any of the penalties in s. 456.072(2) against any |
236 | applicant for licensure or licensee who is found guilty of |
237 | violating any provision of subsection (1) of this section or who |
238 | is found guilty of violating any provision of s. 456.072(1). |
239 | Section 19. For the purpose of incorporating the amendment |
240 | made by this act to section 456.072, Florida Statutes, in a |
241 | reference thereto, subsection (2) of section 468.811, Florida |
242 | Statutes, is reenacted to read: |
243 | 468.811 Disciplinary proceedings.-- |
244 | (2) The board may enter an order denying licensure or |
245 | imposing any of the penalties in s. 456.072(2) against any |
246 | applicant for licensure or licensee who is found guilty of |
247 | violating any provision of subsection (1) of this section or who |
248 | is found guilty of violating any provision of s. 456.072(1). |
249 | Section 20. For the purpose of incorporating the amendment |
250 | made by this act to section 456.072, Florida Statutes, in a |
251 | reference thereto, subsection (2) of section 478.52, Florida |
252 | Statutes, is reenacted to read: |
253 | 478.52 Disciplinary proceedings.-- |
254 | (2) The board may enter an order denying licensure or |
255 | imposing any of the penalties in s. 456.072(2) against any |
256 | applicant for licensure or licensee who is found guilty of |
257 | violating any provision of subsection (1) of this section or who |
258 | is found guilty of violating any provision of s. 456.072(1). |
259 | Section 21. For the purpose of incorporating the amendment |
260 | made by this act to section 456.072, Florida Statutes, in a |
261 | reference thereto, subsection (2) of section 480.046, Florida |
262 | Statutes, is reenacted to read: |
263 | 480.046 Grounds for disciplinary action by the board.-- |
264 | (2) The board may enter an order denying licensure or |
265 | imposing any of the penalties in s. 456.072(2) against any |
266 | applicant for licensure or licensee who is found guilty of |
267 | violating any provision of subsection (1) of this section or who |
268 | is found guilty of violating any provision of s. 456.072(1). |
269 | Section 22. For the purpose of incorporating the amendment |
270 | made by this act to section 456.072, Florida Statutes, in a |
271 | reference thereto, subsection (2) of section 483.825, Florida |
272 | Statutes, is reenacted to read: |
273 | 483.825 Grounds for disciplinary action.-- |
274 | (2) The board may enter an order denying licensure or |
275 | imposing any of the penalties in s. 456.072(2) against any |
276 | applicant for licensure or licensee who is found guilty of |
277 | violating any provision of subsection (1) of this section or who |
278 | is found guilty of violating any provision of s. 456.072(1). |
279 | Section 23. For the purpose of incorporating the amendment |
280 | made by this act to section 456.072, Florida Statutes, in a |
281 | reference thereto, paragraph (h) of subsection (6) of section |
282 | 483.901, Florida Statutes, is reenacted to read: |
283 | 483.901 Medical physicists; definitions; licensure.-- |
284 | (6) LICENSE REQUIRED.--An individual may not engage in the |
285 | practice of medical physics, including the specialties of |
286 | diagnostic radiological physics, therapeutic radiological |
287 | physics, medical nuclear radiological physics, or medical health |
288 | physics, without a license issued by the department for the |
289 | appropriate specialty. |
290 | (h) The department may enter an order denying licensure or |
291 | imposing any of the penalties in s. 456.072(2) against any |
292 | applicant for licensure or licensee who is found guilty of |
293 | violating any provision of subsection (1) of this section or who |
294 | is found guilty of violating any provision of s. 456.072(1). |
295 | Section 24. For the purpose of incorporating the amendment |
296 | made by this act to section 456.072, Florida Statutes, in a |
297 | reference thereto, subsection (2) of section 484.014, Florida |
298 | Statutes, is reenacted to read: |
299 | 484.014 Disciplinary actions.-- |
300 | (2) The board may enter an order denying licensure or |
301 | imposing any of the penalties in s. 456.072(2) against any |
302 | applicant for licensure or licensee who is found guilty of |
303 | violating any provision of subsection (1) of this section or who |
304 | is found guilty of violating any provision of s. 456.072(1). |
305 | Section 25. For the purpose of incorporating the amendment |
306 | made by this act to section 456.072, Florida Statutes, in |
307 | references thereto, paragraph (a) of subsection (1) and |
308 | paragraph (a) of subsection (2) of section 484.056, Florida |
309 | Statutes, are reenacted to read: |
310 | 484.056 Disciplinary proceedings.-- |
311 | (1) The following acts constitute grounds for denial of a |
312 | license or disciplinary action, as specified in s. 456.072(2): |
313 | (a) Violation of any provision of s. 456.072(1), s. |
314 | 484.0512, or s. 484.053. |
315 | (2)(a) The board may enter an order denying licensure or |
316 | imposing any of the penalties in s. 456.072(2) against any |
317 | applicant for licensure or licensee who is found guilty of |
318 | violating any provision of subsection (1) of this section or who |
319 | is found guilty of violating any provision of s. 456.072(1). |
320 | Section 26. For the purpose of incorporating the amendment |
321 | made by this act to section 456.072, Florida Statutes, in a |
322 | reference thereto, subsection (2) of section 486.125, Florida |
323 | Statutes, is reenacted to read: |
324 | 486.125 Refusal, revocation, or suspension of license; |
325 | administrative fines and other disciplinary measures.-- |
326 | (2) The board may enter an order denying licensure or |
327 | imposing any of the penalties in s. 456.072(2) against any |
328 | applicant for licensure or licensee who is found guilty of |
329 | violating any provision of subsection (1) of this section or who |
330 | is found guilty of violating any provision of s. 456.072(1). |
331 | Section 27. For the purpose of incorporating the amendment |
332 | made by this act to section 456.072, Florida Statutes, in a |
333 | reference thereto, subsection (2) of section 490.009, Florida |
334 | Statutes, is reenacted to read: |
335 | 490.009 Discipline.-- |
336 | (2) The department, or in the case of psychologists, the |
337 | board, may enter an order denying licensure or imposing any of |
338 | the penalties in s. 456.072(2) against any applicant for |
339 | licensure or licensee who is found guilty of violating any |
340 | provision of subsection (1) of this section or who is found |
341 | guilty of violating any provision of s. 456.072(1). |
342 | Section 28. For the purpose of incorporating the amendment |
343 | made by this act to section 456.072, Florida Statutes, in a |
344 | reference thereto, subsection (2) of section 491.009, Florida |
345 | Statutes, is reenacted to read: |
346 | 491.009 Discipline.-- |
347 | (2) The department, or, in the case of psychologists, the |
348 | board, may enter an order denying licensure or imposing any of |
349 | the penalties in s. 456.072(2) against any applicant for |
350 | licensure or licensee who is found guilty of violating any |
351 | provision of subsection (1) of this section or who is found |
352 | guilty of violating any provision of s. 456.072(1). |
353 | Section 29. This act shall take effect July 1, 2005. |